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Home My WebLink Aboutcocc_ordinance_no_07-2021_20210216CFN 2021047780, OR BK 9029 PAGE 1364, Recorded 02/25/2021 at 10:35 AM, Rachel M. Sadoff, 1 Clerk of Courts, Brevard County 2 ORDINANCE NO. 07-2021 # Pgs:5 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF SEVERAL PROPERTIES 8 OWNED BY THE CITY OF CAPE CANAVERAL AND GENERALLY 9 KNOWN AS THE CITY HALL COMPLEX (FOUR (4) PARCELS 10 TOTALING APPROXIMATELY 1.16 ACRES), CITY FIRE STATION 11 (APPROXIMATELY 0.58 ACRES), 300 WASHINGTON AVENUE 12 (BENNIX PARK) (APPROXIMATELY 0.61 ACRES), AND 8820 N. 13 ATLANTIC AVENUE (WAGNER PARK) (APPROXIMATELY 0.22 14 ACRES), AND MORE PARTICULARLY DEPICTED AND LEGALLY 15 DESCRIBED ON EXHIBIT 'A" ATTACHED HERETO, FROM "C-1 16 COMMERCIAL" OR "R-2 RESIDENTIAL" TO 17 "PUBLIC/RECREATION;" PROVIDING FOR THE REPEAL OF 18 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 19 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 20 PLAN AND AN EFFECTIVE DATE. 21 22 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 23 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 24 163.3187(1)(c), Florida Statutes; and 25 26 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 27 public hearing on December 9, 2020, in accordance with the procedures in Chapter 163, Part II, 28 Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and 29 advice of staff, citizens, and all interested parties submitting written and oral comments and has 30 recommended adoption to the City Council; and 31 32 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 33 hearing on the proposed amendment set forth hereunder and considered findings and advice of 34 staff, citizens, and all interested parties submitting written and oral comments and supporting 35 data and analysis, and after complete deliberation, hereby approves and adopts the 36 Comprehensive Plan Amendment set forth hereunder; and 37 38 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 39 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 40 City of Cape Canaveral Ordinance No. 07-2021 Page 1 of 3 41 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 42 ORDAINS, AS FOLLOWS: 43 44 Section 1 Recitals. The foregoing recitals are true and correct and are fully 45 incorporated herein by this reference. 46 47 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 48 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 49 50 Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent 51 of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions 52 of the City of Cape Canaveral Comprehensive Plan. 53 54 Section 4. Adoption of Amendment to the Future Land Use Map. The City of 55 Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating 56 the real property legally described and depicted on Exhibit "A" from their respective "R2 57 Residential" (300 Washington Ave) or "C1 Commercial" (City Hall Complex, City Fire Station and 58 8829 N. Atlantic Avenue) to "Public/Recreation." Exhibit "A" is attached hereto and fully 59 incorporated herein by this reference. 60 61 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 62 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 63 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 64 65 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 66 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 67 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 68 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 69 the validity of the remaining portions of this Ordinance. 70 71 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the 72 Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be 73 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 74 number or letter and any heading may be changed or modified as necessary to effectuate the 75 foregoing. 76 77 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective 78 date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 79 section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of 80 this Ordinance, then this Ordinance shall become effective at such time as the State Land Planning City of Cape Canaveral Ordinance No. 07-2021 Page 2 of 3 81 Agency or the Administration Commission issues a final order determining the adopted small 82 scale Comprehensive Plan Amendment is in compliance. No development orders, development 83 permits, or land use dependent on this Amendment may be issued or commenced before it has 84 become effective. After and from the effective date of this Amendment, the Comprehensive Plan 85 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 86 become a part of that plan and the Amendments shall have the legal status of the City of Cape 87 Canaveral Comprehensive Plan, as amended. 88 89 90 February, 2021. 91 92 93 94 95 Bob Hoog, Mayor 96 97 ATTEST: For Against 98 99 Mike Brown iC 100 101 Mia Goforth, CM Robert Hoog 102 City Clerk 103 Mickie Kellum Mar/oh) 104 105 Wes Morrison 106 107 Angela Raymond Sccc140 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 108 First Reading: January 19, 2021 109 Advertisement: November 19, 2020 110 Second Reading: February 16, 2021 111 112 113 114 Approved as to legal form and sufficiency 115 for the of Cape Canaveral only by: 116 117 118 Anthony A. Garganese, City Attorney 119 City of Cape Canaveral Ordinance No. 07-2021 Page 3 of 3 X X EXHIBIT "A" ORDINANCE 07-2021 Subject Properties Future Land Use Map being Amended to Public/Recreation (PUB/REC) City Hall Complex: 24-37-23-CG-41-9 (approx. .57 acres) —100 Polk Avenue 24-37-23-CG-41-1 (approx. .43 acres) - Not assigned 24-37-23-CG-41-4 (approx..14 acres) - Not assigned 24-37-23-CG-41-13 (approx. .02 acres)- 110 Polk Ave City Fire Station: 24-37-23-CG-25-7 (approx..58 acres) — Not assigned Other City Properties: 24-37-23-00-308 (approx..61 acres) — 300 Washington Ave 24-37-14-27-*A.02 (approx..22 acres) — 8820 N. Atlantic Ave NOTES: Acreages and Addresses taken from the Brevard County Property Appraiser's website data base. "vrr p Exhibit "A" Ordinance 07-2021 24-37-14-27;1-A.02 !,rt frSouthgae SOUthgateMobjIe # 4 , Horr,sr__ Anchorage Ave& -1"71 " rr- Beach„ParkLn Coral Dr Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGcri FAO, NPS, NRCAr eciriase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri Chir !7,ilg Kong), (c) OpenStreetMap contributors, and the GIS User Communil , 24-37-23-00-308 jest, kis Illks 1 0r"-901r1=0070011gm.3.0.000.000,03,,,,,,m300--- .1 , z 0 a-,- a; , E > 0 ! g Sources: Esri, HERE, Garmi Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBa;e, IGN, Kadaster NL, Ordnance Sur ey, Esri Japan, METI, Esri Chir (Hong Kong), (c) OpenStreetMa,kteAttibuto . :,rasuristie-GIS-Userearnsriunit Ler International Dr 1-ryle5-,, 0 0,1T Sources: Esri, HERE, Garmin, Intermap, increment P Corr ., GER', MaJes4,„„„„„ri_rr_r_g_..Vcir.BN,4N,Y1r„1 „rr; „ ; iirss % ' 1c Legend Roadways = City of Cape Canaveral Boundary Ord. 07-2021/Exhibit "A" Monroe Ave , 24-37-23-CG-25-7 Jackson Ave 41 ?Ct Rosalind Ave USGS, FAO, NPS, NRCAN, GeoBasef IGN, Kadaster NL, Ordnance Surve sri Japan, METI, Esri Chir (Hong Kon OpenStreetMap contributors,,a1;1,446KlitSer_Corrurnunii erkssikk k,rTvlerAve 24-37=23=CG41=1- 24-37-23-CG-41-4 24.37k•23CG41Slrkri siaSSItti 11V7)10( 24-37-23-CG-41 -13 Sou rces: sci, rjj ryiL intprestarp,„„errvestieIrSts„rfrarp4iSEX:0,,USGSJA0,_141?5,_NRCAN, GeoBase, rrq, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri Chir k 11-Irsnri Krir-in),r ilnanctri.vativlari rinntrihi itnrc and the rilc I Icor Comm' nit